What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb.
So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault.
Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial.
Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.)
Fer crying out loud....
I carry all the time. Does that escalate any argument I may get into? The escalation happened when Read started pushing Carruth around and daring him to shoot him. However after finding that Carruth was only shacking up at his girlfriends house I don't see how he had any right to ask Read to leave in the first place. Further Carruth could have waited for Read to advance on him again after being tossed off the porch to give another verbal warning. When they separated I didn't see that Carruth was any imminent danger. If I were the prosecutor I would make these points. Still 50/50 in my opinion that a jury would convict. Suppose they put 6 women on the jury? Seems very odd that Reads new wife and his ex wife were so calm during the incident. I also don't understand why it matters when Read assaulted Carruth? Before or after Carruth armed himself it was still an assault. Carruth never made any attempt to harm or touch Read before he was pushed around. Read could have easily gone and sat in his car to wait for his kid. Carruth could have gone inside and watched TV also. Before Read showed up yelling at his ex there was no problem. If Read had been polite there would have been no problem. If the ex had the kid ready when he got there no one would have been hurt. Carruth may have been stressed out due to his divorce becoming final and Reads comment may have pushed him over the edge. Who knows but there is absolutely no assurance Carruth will go to jail over this. I would like to see it go to trial and the trial be televised.
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